VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00441
Package ID: USCOURTS-cofc-1_15-vv-00441
Petitioner: Herbert Morgan
Filed: 2015-05-01
Decided: 2016-05-03
Vaccine: TDaP
Vaccination date: 2012-05-15
Condition: erythema multiforme major, multi-organ failure, cardiomyopathy, and ischemic optic neuropathy with permanent blindness
Outcome: compensated
Award amount USD: 241768

AI-assisted case summary:
Herbert Morgan filed a petition on May 1, 2015, alleging that he suffered erythema multiforme major, multi-organ failure, cardiomyopathy, and ischemic optic neuropathy with permanent blindness as a result of receiving Tetanus-Diptheria-acellular Pertussis (TDaP), Measles-Mumps-Rubella (MMR), and Hepatitis A vaccinations on May 15, 2012. He further alleged that these injuries resulted in residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccinations caused Mr. Morgan's conditions. Despite this denial, the parties reached a joint stipulation for damages. The court adopted this stipulation as its decision. Under the terms of the stipulation, Mr. Morgan was awarded a lump sum of $241,768.00 as compensation for all available damages. The parties also stipulated that they would not seek review of the decision, expediting the entry of judgment.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00441-0
Date issued/filed: 2016-05-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/07/2016) regarding 23 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:15-vv-00441-UNJ Document 27 Filed 05/03/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-441V
Filed: April 7, 2016
* * * * * * * * * * * * * * * * UNPUBLISHED
HERBERT MORGAN, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Tetanus-Diptheria-acellular
* Pertussis; Measles-Mumps-Rubella;
SECRETARY OF HEALTH * Hepatitis A; Erythema Multiforme
AND HUMAN SERVICES, * Major; Multi-Organ Failure;
* Cardiomyopathy; Ischemic Optic
Respondent. * Neuropathy with Permanent
* Blindness.
* * * * * * * * * * * * * * * *
Elizabeth M. Muldowney, Rawls, McNelis and Mitchell, P.C., Richmond, VA, for petitioner.
Julia W. McInerny, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On May 1, 2015, Herbert Morgan (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged
that as a result of receiving Tetanus-Diptheria-acellular Pertussis (“TDaP”), Measles-Mumps-
Rubella (“MMR”), and/or a Hepatitis A vaccinations on May 15, 2012, he suffered erythema
multiforme major, multi-organ failure, cardiomyopathy, and ischemic optic neuropathy with
permanent blindness. Stipulation ¶ 2, 4, filed Apr. 4, 2016. Further, petitioner alleged that he
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal
Management and Promotion of Electronic Government Services). As provided by Vaccine Rule
18(b), each party has 14 days within which to request redaction “of any information furnished by
that party: (1) that is a trade secret or commercial or financial in substance and is privileged or
confidential; or (2) that includes medical files or similar files, the disclosure of which would
constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:15-vv-00441-UNJ Document 27 Filed 05/03/16 Page 2 of 7
experienced residual effects of his injuries for more than six months. Id. at ¶ 4.
On April 4, 2016, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. Respondent denies that the TDaP, MMR, and/or Hep A
vaccinations caused petitioner’s erythema multiforme major, multi-organ failure, cardiomyopathy,
and ischemic optic neuropathy with permanent blindness. Id. at ¶ 6. Respondent further denies that
the vaccines caused petitioner any other injury or his current condition. Id. Nevertheless, the
parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the
stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms
set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $241,768.00, in the form of a check payable to petitioner, Herbert
Morgan. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of
the parties’ stipulation.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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